Human Rights Influence Administrative Law - 913 Words

Human rights influence administrative law in number of different ways: First, administrators by a mere submission to the existing administrative law principles can protect and promote human rights. Government administrators are expected to set exemplary roles in the protection of human rights. By doing their job responsibly, administrators’ can influence Australia in advancing its human rights record. Non fulfilment of the administrator to adhere with administrative law principle is as good as repudiating the human rights of an individual. Section 38 of the Charter provides that it is unlawful for a public authority to act in a way that is incompatible with a human right or, in making a decision, to fail to give proper consideration to a relevant human right. Public authorities are therefore subject to the obligation stipulated section 38(1) of the Charter that is to act in consistent with human rights and to give proper consideration to relevant human rights when making a decision The case in Metro West Housing v Sudi (Residential Tenancies) and Director of Housing v Sudi Justice Bell held that the Director of Housing was a public authority within the meaning of section 4(1)(a) of the Charter . Justice Bell also added that â€Å"the scope of a human right is identified in its plain state, purposefully and generously, by reference to the cardinal values which it expresses and focusing on the interests which it was meant to protect, without taking justification of potentialShow MoreRelatedProcedural Propriety Exercised By Administrative Bodies997 Words   |  4 Pages The central issue in this case had been the lack of procedural appropriateness exercised by administrative bodies, namely the Parole Board. Here, the principle of fairness was first expounded by Lord Smith in R (Smith and West) v Parole Board , and Lord Reed’s judgement in the 2013 case had been an amplification of that principle in a clearer framework: decision makers, prior to exercising their capacity to decide individual lifelines, are to apply fairness into the procedure of decision-makingRead MoreSocial And Political Order : Seat Belt Laws1102 Words   |  5 PagesPolitical Order: Seat Belt Laws Social and Political theories aim to define the relationships between government and citizen, and concerns the organization and basis of government. (Merriam-Webster, n.d). In application, the necessity to find a balance between two primary theories becomes apparent. Modern day social and political theories can largely be attributed to ideas of two individuals, Thomas Hobbes and Jean Jacques Rousseau. 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Going back in history it is shown that civil law is composed of a group of legal ideas and systems stemmed from a collection of fundamental works in jurisprudence, cloaked by Napoleonic, Germanic, canonical, feudal and local practises including doctrinal strains such as natural law, codification and legal positivism. Swiss foreignRead MoreHuman Resource Management ( Hrm ) Concepts1429 Words   |  6 PagesHuman resource management (HRM) concepts are strongly tied to management effectiveness as well as an organizations overall success. In this report the author will examine the importance of a strong human resource department and how that influences the day-to-day running of the business. â€Å"Increasingly, what makes org anizations effectiveness is how they organize staff and manage their human capital. 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According to â€Å"Public administration: An Introduction,† some of the scholars in the field of public administration, including WoodrowRead MoreDalit And Tribal Studies And Action Essay1661 Words   |  7 PagesINDIA WE HAVE THE RULE OF CONSTITUTIONAL LAW COMMENT SUBMITTED BY Pradeep Totre M2014DTA015 Dalit and Tribal Studies and Action SUBMITTED TO Prof. Monica Sakhrani Centre for Social Justice and Governance, School of Social Work In India we have the rule of constitutional law Comment. INTRODUCTION TO RULE OF LAW The concept of Rule of Law is that the state is governed, not by the ruler or the nominated representatives of the people but by the law. The Constitution of India intended